KOCHI, Sep 20: The Kerala High Court has observed that a Muslim man cannot enter into multiple marriages if he lacks the financial capacity to maintain his wives, following a petition by his second wife seeking monthly maintenance.
Justice PV Kunhikrishnan made the remarks while hearing the case of a 39-year-old woman from Perinthalmanna, who requested Rs 10,000 per month from her 46-year-old husband, a beggar residing in Kumbadi, Palakkad. The Family Court had earlier dismissed her plea, noting that the husband could not be directed to pay maintenance due to his financial condition.
The High Court noted that the husband, despite being blind and relying on begging, had threatened to marry a third woman. The court found that while the man receives roughly Rs 25,000 from various sources, successive marriages without the ability to provide justice and sustenance to existing wives cannot be justified under Muslim customary law.
“The holy Quran propagates monogamy, treating polygamy as an exception. A person who has no capacity to maintain a second or third wife cannot marry again,” the court stated, adding that most Muslims follow monogamy, which reflects the true spirit of the Quran.
The court emphasized that begging cannot be recognized as a livelihood and that the state, society, and judiciary must ensure support for destitute individuals. It directed the Social Welfare Department to provide counselling to the husband, assisted by competent counselors and religious leaders, while ensuring that the wives receive adequate food and clothing.
Regarding the maintenance plea, the court upheld the Family Court’s decision, stating, “I am of the considered opinion that this court cannot direct a beggar to pay maintenance to his wife.” (Agencies)
